A: Once the office receives the completed complaint form, it is entered into the complaint tracking system and given a docket number. If it is determined that the AAB has jurisdiction over the matter, a notice of reported violation is sent to the owner of the building or site where the violation was reported to be. The notice is sent by certified mail, return receipt requested. A copy of the notice is sent to the Complainant, Local Building Inspector, Independent Living Center and the Local Disability Commission. The building owner is given 14 days to respond in writing to the first notice. Once the owner responds, a copy of the response is sent to the complainant.

Q: What happens if the owner states he/she will comply?

A: If the owner voluntarily agrees to comply with the regulations, the Board will issue a stipulated order setting forth dates for compliance. The Board will also require the owner to submit information, such as photographs, within five (5) days of the completion date, to verify that compliance has been achieved. If compliance has been achieved, the case is closed.

Q: What if the owner does not respond to the notice of reported violation?

A: If the owner fails to respond, the Board will send a second notice, this time giving the owner 10 days to respond in writing. If the owner fails to respond to the second letter, a complaint hearing will be scheduled, and the owner will be required to appear.

Q: What if the owner does not agree that a violation exists?

A: If the owner responds by stating that he or she does not believe a violation exists, a site inspection may be made by one of the AAB Compliance Officers, along with the Local Building Official, to determine whether or not the violations, as cited, exist. A hearing will be held if no resolution can be reached.

Q: Must I appear at the hearing?

A: Yes, you should be prepared to appear at the hearing to explain your position. You may also send a representative to appear on your behalf. You may contact the office for assistance in preparing for the hearing.

Q: What happens if the owner fails to comply with the Board's order?

A: If the owner fails to comply with an order issued by the Board, the Board will schedule a hearing to determine whether or not the owner's non-compliance was without justification. If the owner's non-compliance was without justification, the Board may impose fines. The Board cannot impose fines unless a hearing is held to determine that noncompliance is without justification.

Q: Can the owner request a variance?

A: Yes, the owner has the right to request a variance from any section of the regulations. To gain a variance, the owner must prove that it would be impracticable to comply with the regulations. Compliance is impracticable if it is technologically infeasible or the cost of compliance would be excessive without any substantial benefit to persons with disabilities. (See Q18 - 21).